SUBHASH YADAV AND ANITA vs BPTP LIMITED
Party Details
- SUBHASH YADAV AND ANITA
- BPTP LIMITED
Case Summary
SUBHASH YADAV AND ANITA filed Case No. RERA-GRG-4298-2023 in the Haryana Real Estate Regulatory Authority (RERA) against BPTP LIMITED. The case has undergone 6 hearings over 1 year and 1 month. The case is currently pending. 8 orders have been issued in this matter.
Hearing History (6)
- 24JAN 2025Hearing
Judge: VIJAY KUMAR GOYAL
The present complaint was disposed of vide order dated 22.11.2024 allowing the delay possession charges @ 11.10% p.a. from the due date of possession i.e., 12.05.2013 till the date of handing over of possession i.e., till 29.01.2021 as per section 18(1) of the Act of 2016 read with Rule 15 of the Rules, ibid. The respondent on 30.12.2024 filed an application for rectification of the proceeding dated 22.11.2024 w.r.t the correction of due date. Moreover, the authority further observes that in the proceeding dated 22.11.2024 the date upto which DPC is allowed is wrongly mentioned. The authority is proposing following rectification as under: Sr. No. Matter sought to be rectified Details as per proceeding dated 22.11.2024 Changes proposed 1. Due date of possession [as per application filed by respondent] 12.05.2013 14.02.2014 2. Till the date of handing over of possession i.e., till 29.01.2021 Till the date of valid offer of possession (29.01.2021) plus two months i.e., 29.03.2021 The authority observes that as per clause 3 of the flat buyer’s agreement executed between the parties, the possession of the subject unit was to be delivered within a period of 36 months from the date of booking/registration of flat. The date of booking/registration of flat is 14.08.2010 hence, the due date of handing over of possession comes out to be 14.02.2014 including grace period of 6 months being unqualified. Moreover, the occupation certificate for the project was received on 15.01.2021 and the possession was subsequently offered on 29.01.2021. Therefore, the delay possession charges should be allowed till the date of valid offer of possession plus two months i.e., 29.03.2021. The aforesaid errors is clerical in nature and accordingly the rectification in the proceeding dated 22.11.2024 is hereby allowed under section 39. The said changes will be made in detail order dated 22.11.2024. Rectification application stands disposed of. File be consigned to registry.
Stage: DISPOSED
- 22NOV 2024Hearing
Judge: VIJAY KUMAR GOYAL
RE-OPENED
Stage: RE-OPEN/PENDING
- 30AUG 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
Due to administrative exigency, the matter is adjourned to 22.11.2024 for the purpose as already fixed.
Stage: PENDING
Orders (8)
- 24JAN 2025orderView Order ↗
Order No: N/A
- 24JAN 2025judgementView Order ↗
Order No: N/A
- 22NOV 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
ffi HARERA #- eunuerw'r HARYANA REAt ESTATE REGUTATORY AUTHORITY GURUGRAM eftarun t-dqfl frftqrffi rrEowr. tt*m New PWo Rest House, civ Lines, Gurueram.
Haryana nqrfl.gq.g.
Enc 116. ilfnd PROCEEDINGS OF THE DAY lo Day and Date Friday and 24.07.2025 Complaint No.
MA N0.
1089/2024 in CR/4298/2023 Case titled as Subhash Yadav VS BPTP Limited Complainant Subhash Yadav Represented through Shri Ashish Budhiraja Advocate Respondent BPTP Limited Respondent Represented Shri Harshit Batra Advocate Last date ofhearing Application u/s 39 ofthe Act Proceeding Recorded by Naresh Kumari and HR Mehta Proceedings The present complaint was disposed ofvide order date d 22.lL.2024 allowing the delay possession charges @ 77.10o/o p.a. from the due date of possession i.e., 12.05.2013 till the date of handing over of possession i.e., till 29.01.2021. as per section 18(1) of the Act of 2016 read with Rule 15 of the Rules, ibid.
The respondent on 30.72.2024 filed an application for rectification of the proceeding dated 22.77.2024 w.r.t the correction of due date.
Moreover, the authority further observes that in the proceeding dated 22.7I.2024 the date upto which DPC is allowed is wrongly mentioned.
The authority is proposing following rectification as under: Sr.
No.
Matter sought to be rectified Details as per proceeding dated 22.71.2024 Changes proposed 1. )ue date ofpossession 'as per application filed ly respondentl t2.05.2073 74.02.2014 2. iuo Moto rectification by iuthority w.r.t date till ruhich DPC is payable Till the date of handing over of possession i.e., rill29.07.202r Till the date of valid offer of possession (29.01.2021) plus two months i.e., 29.03.2021 An Au,honry.onsr ure-d-u.d*m x-rira thfrurr +{ ftutw, lrtof{cc, &r6d rrm;;t,rid,rd,r6n,iiiffi - ' -' -" " HARERA HARYANA REAT ESTATE REGUI.ATORY AUTHORITY GURUGRAM ts* GURUGRAN/ New Pw O Re)t Houie.
C.v'r Lines.
Grrusram.
Haryana rql ff.5q.
A. 'a{rq ,JG.
Fh_d dr$. ,F. d dr$. ,F.lrc 6fdltln The authority observes that as per clause 3 of the flat buyer's agreement executed between the parties, the possession of the subject unit was to be delivered within a period of 36 months from the date of booking/registration of flat.
The date of booking/registration of flat is 14.08,2010 hence, the due date of handing over of possession comes out to be 14.02.201,4 including grace period of 6 months being unqualified.
Moreover, the occupation certificate for the project was received on 15.07.2021and the possession was subsequently offered on 29.0\.202L Therefore, the delay possession charges should be allowed till the date of valid offer of possession plus two months i.e.,29.03.2027.
The aforesaid errors are clerical in nature and accordingly the rectification in the proceeding dated 22.11.2024 is hereby allowed under section 39.
The said changes will be made in detail order dated 22.7J,.2024.
Rectification application stands disposed of.
File be consigned to registry. u,,:l*ffid Member 24.01.2025 An Aurhor,ry ( onsr u,rd-under-r!rion 20 rhe Real Esur rnii,rauondiiSiiroo-."u a"iu o rn {-g!a (llltictr{.rr?it6rn, rdtfiqq ,o r 5d rm rot,r.trd qfud crto nq